07/10/2022 10:24

04 judgments on disputes about selling land without selling houses on land in Vietnam

04 judgments on disputes about selling land without selling houses on land in Vietnam

Currently, there are many cases where the house has not been completed or the land use right certificate does not show the property on the land, so when signing the transfer contract, the parties only sign the transfer contract for the land without refers to the house on the land. This has caused quite a lot of complicated disputes. Here are 04 judgments with disputes about selling land without selling houses on land.

1. Judgment 21/2019/DS-ST dated May 3, 2019 on disputes over land use rights and house ownership; Dispute over land use right transfer contract and request cancellation of land use right certificate

+ Trial level: First instance.

+ Judicial body: People's Court of Thu Dau Mot city, Binh Duong province.

+ Quote content: "At the time of signing the contract, on the land, there was a house of level 4, brick wall, tole roof, area 107.9m2. Because the house above has not been granted ownership, so when making a land transfer contract, Ms. A and Mr. Ch do not show their property on the land, but in fact, Mr. Ch accepts to transfer all of Ms. A's house and land. The real estate transfer between Mrs. A and Mr. Ch, Mrs. M's family all know but no one has any dispute Because Mr. Ch lives in Ho Chi Minh City, he has no conditions to manage real estate, so after receiving the transfer, Mr. Ch let Mrs. A stay on that house. For Ms. A to stay on the property, the two sides do not do paperwork, only through words. Mr. Ch only let Mrs. A stay, not Ms. M's family. Therefore, when he discovered that Mrs. M's family lived on the above land, Mr. Ch sued to ask Ms. M to return the whole house and the above land plot."

2. Judgment 66/2017/DS-ST dated September 29, 2017 on the dispute over the land use right transfer contract

+ Trial level: First instance.

+ Judicial body: People's Court of Trang Bang district, Tay Ninh province.

+ Quoting the content: "The two parties have made a land use right transfer contract dated January 21, 2016, which is notarized at the DNTN Notary Office. However, the contract did not state the house but only the land use right and they did not make a separate document on the transfer of a grade 4C wall house attached to the above land. Before making the transfer contract, she came to see the house and land but did not meet Mr. L. On the other hand, Ms. H1 showed her the Decision on Consent to Divorce between Ms. H1 and Mr. L in 2015. She and Mr. L. Ms. H1 have a verbal agreement for Ms. H1 to stay in the above house for 3 months so that Ms. H1 has time to build a new house. In April 2016, she asked Ms. H1 to hand over the house and land, and Ms. H1 replied that the house had not been built yet. From August 2016 up to now, she has searched many times but has not met Ms. H1 so that she can receive the house and land.”

3. Judgment 21/2021/DS-PT dated June 29, 2021 on a land-use right dispute, requesting to declare the contract of land use right transfer invalid and cancel the content of confirmation page 04 of the certificate land use rights

+ Level of trial: Appellate.

+ Judicial body: People's Court of Hai Duong province.

+ Quoting the content: "Before signing the transfer contract, Mr. Tr went to see the current state of the land and saw that Mr. L and Mrs. Kh is directly using the land, on which there are properties such as houses, auxiliary works, walls, yards, gates, and plants. Mr. Ph told Mr. Tr that Mr. Tr1 let Mr. and Mr. L stay, and the properties on the land belong to Mr. and Mrs. L. Since the LURC does not show the property on the land, Mr. Tr and Mr. Ph did not agree to transfer the property on land. After receiving the land transfer, Mr. Tr repeatedly asked Mr. and Mrs. L to move to return the land to him, but Mr. L's family did not comply. Mr. Tr asked Mr. L and his wife to pay him the right to use the two land parcels and agreed to pay Mr. and Mrs. L the value of the properties on the land in cash.

4. Judgment 238/2020/DS-PT dated August 19, 2020 on civil contract disputes - contracts for the transfer of land use rights, house purchase and sale, and property loans

+ Level of trial: Appellate.

+ Judicial body: People's Court of Dong Thap province.

+ Quoting the content: "The land use right transfer contract dated May 31, 2006 does not show the assets on the land including Main house, outbuildings, other architectural works on the land owned by Mr. C's household. Direct user management. This means that Mr. C personally signed a land-use right transfer contract with Mr. L but was unable to perform the contracts related to the contract.



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